We have previously dedicated blog posts to so-called "No
Oral Modification" or "NOM" clauses. You can find
our previous post focusing on the Supreme Court judgment in MWB
Business Exchange Centres v. Rock Advertising [2018] UKSC 24
here.
The validity of contractual modifications is a recurring theme
in commercial disputes. A recent English Court of Appeal judgment
in Kabab‑Ji S.A.L (Lebanon) v. Kout Food Group
(Kuwait) [2020] EWCA Civ 6 considered this issue.
The NOM clause in Kabab‑Ji was not unlike clauses
often seen in commercial contracts. It read as follows:
"The Agreement may only be amended or modified by a
written document executed by duly authorised representatives of
both Parties". The contract also imposed good faith and
fair dealing obligations on the parties.
